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59th World of Wood Convention
The Cosmopolitan of Las Vegas - March, 2015
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State of the Ports Legislative Update Single Window for the Trade Lacey Act/CITES
Sandra Langford-Coty
Vice President
Customs Brokerage Product
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State of the Ports LA/LB
• 10 Ships at Anchor vs. over 30 Ships
• Ships are rotating faster
• 4 cranes working vessels vs. 1 crane
• Expected Time for clean up of
backlog?
• Divert to other ports?
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Port Congestion Issues
ILWU/PMA Contract
Large Vessels
Terminal Space
Local Cargo Rubber Tire Gantry
Random Access Pile
Containers are not on wheels
Picked from the pile as trucker arrives
10 Containers per hour moves
Chassis Shortage
Turn Times
Driver Shortages
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Port Solutions
Utilizing Off Site Dray
“Free Flow” Discharges of 80 or more containers for a specific shipper /
destination “peel off” fashion – next one on the pile
Grey Chassis Fleet
Co-operation with Vessel Owners and Terminal
Operators
Technology – Appointment System with Realistic Times
Pier Pass 2.0
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Trade Legislation Update
Optimism
– Presidents Trade Agenda
– State of the Union Address
– Most pro Trade Dialogue in years
Trade Promotion Authority (TPA)
– The authority of the President to negotiate international trade
agreements
– Congress can approve or disapprove
– Cannot amend or filibuster
– Under an expedited procedure
TPA is essential to negotiate agreements
– Trans Pacific Partnership (TPP)
– US – EU Agreement
GSP
• Long Term Renewal
• Retroactive Refunds?
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Single Window for the Trade
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Single Window for the Trade
Executive Order Established
deadlines for a Single Window
Automated Commercial
Environment (ACE) is the
Technology Platform
International Trade Data System
(ITDS) is a Partnership of
Government Agencies Committed
to the Modernization and
Facilitation of International Trade
47 Partner Government Agencies
Today trade must submit the same
information to multiple agencies,
multiple times in a largely paper
based process (200 forms)
ACE will allow the trade to submit data
required by U.S. Customs and Border
Protection (CBP) and its Partner
Government Agencies (PGAs) to
import or export cargo through a
"Single Window" concept
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ACE Mandatory Dates
Mandatory Date Explanation
Electronic imp/exp manifests, for all modes of transport, must be filed in
ACE
• Import Manifest: Impact is for Air
• Export Manifest:
• Cannot mandate filing in ACE until regulations are published
• Current processes for export manifest will continue to be
supported, but as of 5/1/15, all ELECTRONIC manifests must be
filed in ACE
All electronic entries and entry summaries must be filed in ACE
• Includes Partner Government Agency (PGA) requirements at time of
entry or entry summary
• Paper filings allowed today, e.g., non-ABI, will continue to be supported
All remaining electronic portions of cargo process must be done in ACE
• Protest, Liquidation, etc.
CBP has established three important dates that guide the trade community’s transition into ACE from
Legacy ABI platform
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ACE Entry Summary
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ACE Cargo
Release
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ACE Adoption Rate Monthly Report
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Paperless Document – Submission Options
Document upload for ACE entry summary in the ACE
portal
Message provides the filer the Action Identification Number to upload
the requested documents to the portal.
Document Imaging System (DIS) DIS allows trade partners to submit document images and associated
descriptive meta data to CBP and PGAs in an automated manner using
EDI communication
DIS and ACE cargo release document email process DIS email protocol will be made available for PGA’s as well as Cargo
Release to allow the trade to send documents via email that will move
into the DIS system as if sent via DIS EDI Communication
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Partner Government Agencies (PGAs)
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PGA Integration to ACE
CBP is prioritizing onboarding of those PGAs with release decision
authority to ensure they are integrated with Cargo Release by the
time it becomes mandatory Nov 1, 2015
PGAs who do not play a role in determining cargo admissibility, but
will be receiving data, will be onboarded by the end of 2016
PGA Working Groups
PGA Message Sets and Implementation Guides
PGA Pilots
Additional HTS Flags added to ABI Tariff
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Border Interagency Executive Council (BIEC)
CBP has launched the new
Border Interagency
Executive Council (BIEC)
page on CBP.gov
PGA Pilot Schedule
Outreach Calendar
Frequently Asked Questions
(FAQs)
List of PGAs Involved in the
BIEC
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Are you ACE Ready
• ACE Entry Summary Filings Status
• ACE Cargo Release Participation Status
• What percentage of entries are filed as ACE Entry Summary /
ACE Cargo Release
• Extent of Participation PGA workshops: Importer, Broker or
Software Vendor
• Review PGA Implementation Guides
• Review of PGA Business Rules
• As the trade community, we have an obligation to actively
participate in ACE Cargo Release/Entry Summary/PGA Pilot
Process
• Early adopters of pilots ensure minimal interruption November,
2015
Don’t Wait
MIGRATE!
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ACE SECURE DATA PORTAL
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ACE Secure Data Portal
What is the ACE Secure Data
Portal
Free, web-based access point
designed to connect CBP, Trade
Partners and Partner
Government Agencies
ACE Secure Data Portal
Overview Electronically respond to CBP
Forms 28, 29, and 4647
Create blanket declarations
with nationwide view by CBP AD/CVD non-reimbursement
statements
NAFTA certificates of origin
Affidavit of Manufacture
Importer Certifying Statement
Access AD/CVD case
management and message
Information database
Access Importer Security
Filing (ISF) and progress
reports
Reports
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ACE Secure Data Portal
How To Obtain an
Account:
To establish an
account submit an
ACE portal application
located on the “Using
the ACE Secure Data
Portal” page of
CBP.gov:
http://www.cbp.gov/trade/auto
mated/getting-started/using-
ace-secure-data-portal
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Useful Reports
AM 100 Courtesy Notice of
Liquidation Report
AM 068 Entry Summary Report
ESM 7068 Entry Summary Report
ESM 7025 CBP Forms 28,29,
4647
AM 008 Entry Summary line Detail
Report
ESM 7008 Entry Summary Line
Detail Report
AM 064 Entry Summary Line by
Entry Nbr Report
AR-007 Periodic Statement
Quickview (Importer or Broker)
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ACE TRAINING AND REFERENCE
GUIDES
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ACE Monthly Trade Messages
CSMS Subscription Form
Search CSMS
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ACE Training and Reference Guides
ACE Reports Training
and User Guides
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ACE Outreach Events and ACEopedia
ACEcopedia current and future
development, details the benefits
and status of all deployed ACE
features
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LACEY ACT
FISH AND WILDLIFE &
CITES
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LACEY ACT & CITES
All plants covered under CITES are also covered by Lacey Act. Lacey
covers additional plants that are not yet endangered but are protected by
other laws:
“As of May 22, 2008,
the Lacey Act makes it unlawful to
import, export, transport, sell, receive,
acquire, or purchase in interstate or
foreign commerce any plant, with some
limited exceptions, taken, possessed,
transported or sold in violation of the
laws of the United States, a State, an
Indian tribe, or any foreign law that
protects plants.”
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APHIS to Begin Enforcing Lacey Act Declaration
Requirements for Phase V Products in August, 2015
APHIS is giving importers
until Aug. 6 before it begins
requiring declarations
APHIS will accept comments
until April 7 on products
covered by Phase V
The current list of products
set for enforcement
beginning on Aug. 6
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USEFUL SITES
U.S. Lacey Act and CITES
http://eia-global.org/campaigns/forests-campaign/u.s.-lacey-act/lacey-and-cites
U.S. Lacey Act
http://www.fws.gov/international/laws-treaties-agreements/us-conservation-
laws/lacey-act.html
Federal Register Notice Lacey Act Implementation Plan
http://www.aphis.usda.gov/plant_health/lacey_act/downloads/FederalRegisterNotic
eLaceyActImplementationPlan.pdf
U.S. Lacey Act Resources
http://eia-global.org/campaigns/forests-campaign/u.s.-lacey-act/u.s.-lacey-act-
resources/
Fish & Wildlife / CITES
http://www.cites.org/
http://www.fws.gov/international/cites/
http://www.speciesplus.net/
http://www.fws.gov/international/permits/
U.S. Fish and Wildlife Import Export
http://www.fws.gov/le/businesses.html
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ADD/CVD Useful Sites
United States International Trade Commission
http://usitc.gov/
Scope Information by Country
http://web.ita.doc.gov/ia/CaseM.nsf/136bb350f9b3efba852570d9004ce78
2?OpenView&Start=1&Count=30&Collapse=21#21
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Frequency of Examination
Excessive Exams
Trusted Trader?
C-TPAT
Importer Self Assessment
Broker Known Importer Program (Future)
Consecutive Exams with no findings: Consider Frequency of Examination Inquiry
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QUESTIONS?
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Thank You!
Sandra Langford-Coty
Vice President
Customs Brokerage Product
OHL International
2255 E. 220th Street
Carson, CA 90810
ph: (310) 642-5001
cl: (562) 884-8195
www.ohl.com